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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V.SRISHANANDA
Shivamurthy, S/o. Mallegowda – Appellant
Versus
Mahadevamma, W/o. Late Shambaiah – Respondent
ORDER :
V.SRISHANANDA, J.
Heard Sri Syed Akbar Pasha, learned counsel for the revision petitioner and Sri Balassubramanya B.N., learned counsel for respondent Nos.1, 3 and 4.
2. Defendant No.10 is the revision petitioner who has filed the present revision petition challenging the dismissal of the application filed under Order VII Rule 11 CPC in O.S.No.1526/2021.
3. The facts which are utmost necessary for disposal of the present revision petition are as under
3.1. A suit in O.S.No.1526/2021 came to be filed on the file of Principal Civil Judge (Jr.Dn), Mysuru with the following prayer in respect of following property (hereinafter referred to as ‘suit property’).
“The plaintiffs humbly pray that this Hon’ble Court be pleased to pass judgment and Decree in their favour against the defendants as follows:
Judgment and Decree for 1/5 share in the schedule land by metes and bounds with mesne profits with cost of the suit.
To set-aside the sale deed executed by Defendant on 31-5-2004 registered on 2-8-2004 in I book, Dastavej No.MYN-1-05085-2004-05 and C.D. No.MYND 20 before the sub registrar(N) as null and void unenforceable, not binding on the plaintiffs. To declare the consent deed (Oppige Pat
The court affirmed daughters' coparcener rights under the Hindu Succession Act, emphasizing that prior sales cannot negate their claims to jointly inherited property.
The judgment reinforces daughters' coparcenary rights under the Hindu Succession Act, stating that alienation by male relatives does not bar the daughters' claims for partition of property.
The court upheld the dismissal of the application for rejection of the plaint by emphasizing that the rights of a daughter to ancestral property are recognized under both the Hindu Succession Act and....
Previous family partition and lack of joint family status preclude the plaintiff from claiming coparcenary rights under Hindu law amendments.
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